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OSBORNE v. STATE

No. 59A01-0309-CR-331.

805 N.E.2d 435 (2004)

Richard W. OSBORNE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 25, 2004.

Attorney(s) appearing for the Case

Larry W. Medlock, Medlock Law Office, Paoli, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Andrew A. Kobe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

OPINION

BAKER, Judge.

Today we are asked to determine whether a police officer may encourage a person on home detention to speed through an inhabited area while under the influence of alcohol and drugs in order to effectuate a pretextual stop to allow them to detain and search the occupants of the vehicle. We find that they may not.

Appellant-defendant Richard W. Osborne brings this interlocutory...

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